Copyrights

Copyright is the exclusive right given by law for a determinable time period to the author of the work to control the use of the work in Malaysia.

2. How to copyright and prove as an ownership

Make a Statutory Declaration in accordance with the Statutory Declaration Act 1960; or

Self-address the work in a sealed envelope.

3. Works eligible for copyright

literary works

artistic works

sound recordings

broadcasts

musical works

films

musical works

derivative works

4. Does Malaysia have a registration system for copyright

There is no registration for copyright in Malaysia. The work is protected automatically upon creation.

5. What are the qualifications for protection of copyright

The author is a qualified person;

Sufficient effort has been expanded to make the work original in character;

The work has been written down, recorded or otherwise reduced into material form; and

The work is made in Malaysia or the work is first published in Malaysia.

6. Who Owns Copyright

Contract of service – Copyright is owned by the employer.

Contract for service – Copyright is owned by the author.

Commissioned work – Copyright is owned by the person who commissioned the work.

7. Can copyright be transferred or assigned

Copyright is transferable by assignment, testamentary disposition and by operation of law.

8. What is the duration of copyright

For literary, music and artistic works – copyright subsist during the life of the author and 50 years after his/her death;

For published edition – copyright subsist 50 years from the year following the year of edition was first published;

For sounds recording, films and broadcasts – copyright subsist 50 years from the year following the publication of the work.

9. What are the exclusive rights of the owner

The copyright owner has the exclusive right to control the whole or substantial part of the work especially:

The communication to the public;

The commercial rental to the public.

The reproduction in any material form (including making photocopies, recording and others);

The performance, showing or playing to the public;

The distribution of copies to the public by sale or other transfer of ownership; and

10. What Constitutes Copyright Infringement

The copyright in a work infringed when a person who, not being owner of the copyright, and without license from the owner, does or authorizes any of the following acts:

Sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy;

Distributes infringing copies;

Reproduces in any material form, performs, shows or plays or distributes to the public;

By way of trade, exhibits in public any infringing copy;

Communicates by cable or broadcast of the whole work or a substantial part thereof either in its original or derivative form;

Imports any article into Malaysia for the purpose of trade or financial gains;

Makes for sale or hire any infringing copy;

Causes the work to be performed in pub;

Possesses, otherwise than for his private and domestic use, any infringing copy;

Imports into Malaysia, otherwise than for his private and domestic use, an infringing copy;

Makes or has in his possession any contrivance used or intended to be used for the purpose of making infringing copies.

11. Who is responsible for enforcement of copyright

The Minister of Domestic Trade, Cooperative and Consumerism (Enforcement Division) and The Royal Malaysia Police are responsible for enforcement of the law.

sources referred from: MYIPO

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